GENERAL BUSINESS TERMS AND CONDITIONS

1. APPLICABILITY

1.1

The General Business Terms and Conditions detailed hereinafter apply exclusively to the entire business relationship between …supplier…(hereinafter, also the “Supplier”, “us” or “we”) and the customer (hereinafter – the “Customer”).

1.2

All agreements reached between the Customer and the Supplier pertaining to the supply of goods arise, in particular, from these General Business Terms and Conditions, from our written order confirmation and from our statement of acceptance. Other conflicting, deviating or supplementary general business conditions of the Customer are not recognized.

 

2. CONTRACT CONCLUSION, NON-BINDING INFORMATION

2.1

Any information provided on our product and prices until the confirmation by Supplier is non-binding and without obligation. Information and explanations regarding our products are based exclusively on our previous experience. The values given here are to be regarded as average values. All information about our products, in particular the information contained in our offers and printed material are approximate average values. Out instructions for use have been drawn up with the care customary in the industry, but do not release our customers from the obligation to test the suitability of the products for their intended purpose. A guarantee shall only be deemed to have been assumed by us if we have described a characteristic as “guaranteed” in writing. We do not assume any liability for the usability of our products for the intended purpose envisaged by the customer outside the legally binding liability, unless we have agreed otherwise in writing with the customer.

2.2

The Customer is entitled to submit a binding offer to conclude a contract for the ongoing supply of products by fully completing the order form provided by the Supplier and by confirming it.

2.3

The Supplier is entitled to accept this offer explicitly by sending a binding statement of acceptance, by delivering the ordered goods, or by debiting the purchase price. Up to this stage, the Supplier is entitled to refuse the acceptance at any time without stating reasons, and a contract is concluded effectively between the Customer and the Supplier only upon acceptance of the offer by the Supplier.

 

3. DELIVERY QUANTITIES

The capsules are available in subscriptions of 14, 28 and 56 weeks, and the minimal delivery quantity is 8 capsules.

4. THE STATUTORY RIGHT OF REVOCATION OF THE CUSTOMER

The Supplier hereby draws the Customer’s attention to the provisions hereinafter of these General Business Terms and Conditions on the legal right of revocation available to consumers.

4.1 RIGHT OF REVOCATION

When you purchase products and you are a consumer, you have a statutory right of revocation. If you buy the capsules for your commercial activity or self-employment as a contractor, you have no statutory right of revocation.

The first thing you should know is that if you decide to return products, you can use the return shipping label enclosed with your order. If you require a new return shipping label, you can contact Customer Care to request one (contact details below). Please help us to avoid unnecessary costs by always using the return shipping label when returning products.

You are entitled to revocate from this contract within fourteen days without stating any reasons. The deadline for revocation is fourteen days from the date in which you, or a third party appointed by you to that effect, which is not the shipper, take possession of the first goods. In order to exercise your right of revocation, you are required to inform us about your decision to rescind this contract by issuing an unequivocal statement to us (e.g. through a letter sent through the postal service, a phone call and an electronic mail message). You may, but must not, use the sample revocation form provided below to that effect. (You may attach it to an e-mail message and complete it with your personal data, or send it to us as a letter after having printed and completed it).

4.2 CONSEQUENCES OF THE RIGHT OF REVOCATION

In the event that you terminate this contract, we are required to refund to you all the payments we received, inclusive of delivery costs (with the exception of additional costs that were incurred from the fact that you chose a different delivery method than the standard reasonably priced shipment we offered), forthwith and not later than within fourteen days from the date on which we received the notification of your withdrawal as mentioned above. Unless both parties agreed expressively on a different procedure, we use the same payment method to perform such payment refund that you used for the original transaction. Under no circumstances will we charge you with fees for such a refund of payment. We will be entitled to refuse to make the payment refund until we receive possession of the goods, or until you provide proof about having returned the goods, the earlier date of these two options.

You are required to return, render, or to turn over, the goods forthwith, and in any event not later than within fourteen days from the date on which you inform us about the termination of this contract. The deadline is kept if you send the goods before the expiry date of the aforementioned deadline. We will carry the costs of the refund of goods, if you requested in advance to info@individuelcosmetics.com a return label and used it.

You are only responsible for a possible loss of value of the product in the event that such loss can be traced back, by implementing a test of its characteristics, features and method of operation, to an unnecessary handling of such goods.

4.3 EXCEPTIONS TO THE RIGHT OF REVOCATION

The right of withdrawal does not apply to contracts about the delivery of goods, which are not suitable for a return delivery, or which can deteriorate rapidly due to their characteristics This applies, for example, to already used or to impurified cosmetic products, especially if they are opened.

 

5. CONTRACT PERIOD, TERMINATION AND CONTRACT EXTENSION

In instances of varying offers with fixed periods, the contract ends upon expiry of the mutually agreed period, or upon the completion of the last delivery. A separate notice of termination of contract is not required.

 

6. SUPPLY, SUPPLY DATES, SUPPLY REQUIREMENTS, PARTIAL SUPPLIES AND TITLE RETENTION

6.1

The Supplier reserves the right to supply only after payment is made by the Customer. No rights exist for a supply prior to payment.

6.2

The supply is performed in accordance with the published deadlines. Our supply dates or supply deadlines are exclusively non-binding information although we shall give our best efforts to meet the supply periods.

6.3

The Supplier is entitled to a partial supply or to provide partial services at all times, subject to the above being reasonable from the Customer’s point of view.

 

7. PRICES AND SHIPMENT COSTS, DUE DATE, PAYMENT, SET-OFF AND RETENTION

7.1

The shipment of products is made at the expense of the ordering entity. Shipment costs are detailed in the price list.

7.2

The purchase price debt of the Supplier is due for payment upon order without prejudice to an existing right of revocation as per law.

7.3

The Customer is entitled to use only the payment methods that are mutually agreed and disclosed upon confirmation of the respective order.

7.4

The Customer is only entitled to set-off, subject to its counterclaims having been determined with legal effect, or in instances in which they are not denied by the Supplier. The Customer is only entitled to implement its right of retention whenever its counterclaim is based on the same contractual relationship.

 

8. RIGHTS IN CASES OF DEFICIENCIES, COMPENSATION

8.1

The Supplier is required to provide supplementary performance in instances in which the supplied goods do not have the quality or constitution mutually agreed between the Supplier and the Customer, or if they do not generally suit the uses required in accordance with the contract. The aforementioned does not apply if the Supplier is entitled to refuse to such supplementary performance based on a legal arrangement. The Customer is required to grant the Supplier an appropriate period of time to that effect.

8.2

Based on the Customer’s choice, the supplementary performance takes place by disposing of the deficiency or, alternatively, through the delivery of new product. The Customer is not entitled to decrease the purchase price, or to rescind the contract, during the period of time granted for supplementary performance. The supplementary performance will be considered as failed if the Supplier attempted such supplementary performance twice to no avail. If such supplementary performance fails, the Customer is entitled to decrease the purchase price or to rescind the contract regarding such products with deficiency. The customer is not entitled to rescind from the contract, if the deficiency is not significant.

8.3

The Customer is entitled to demand compensation subject to the provisions detailed hereinafter, as a result of a deficiency, in instances in which the supplementary performance failed in accordance with the aforementioned provisions. However, the customer shall not be able to demand for compensation, if the customer has not acted according to the producers instructions.

8.4

The liability is limited to willful intent and gross negligence. The liability is also limited to negligence, except essential contract infringements. In those cases, the liability is limited to characteristic predictable damages. This will also apply in liability claims for compensation against assistants and legal representatives. Any additional liability, irrespective of its legal basis, is hereby excluded.

8.5

In particular, liability is excluded for damages that occur after delivery for shipment, and in instances of loss of data or of data changes over electronic delivery or messaging means.

8.6

Any rights with regard to the use of the device, in connection with the application of the capsules, are hereby excluded. Rights should be claimed exclusively with respect to the relevant contractual relationship.

8.7

The warranty rights expire within 2 year from delivery to customer.

 

9. DATA PROTECTION

With respect to the topic of data protection we specifically refer to the data protection statement of the Supplier.

The entire data that the Customer provides in the order process must be up-to-date and truthful. It is forbidden to hand out the customer password to third parties, and it should be protected from access by unauthorized parties. A possible loss or relay of the password must be notified forthwith to the Supplier in writing. The Customer warrants, in accordance with provisions of law, for abuse, e.g. in events of orders made by third parties while using its password.

 

10. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS

In the event that the performance of the contract is hampered, in such a way that it results in an amendment of the prevailing case law or of the relevant legal regulations, if a discrepancy is detected in the General Terms and Conditions (hereinafter – “GTC”), or if a significant disruption takes place of the balance between the provision of a service and the reciprocal service or consideration, the Supplier reserves the right to amend these GTC with future effect.

 

11 APPLICABLE LAW

Swiss Law without the UN-sales law is applicable.

 

12 PLACE OF  JURISDICTION

The place of jurisdiction is Zürich, Switzerland.

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Individuel Geneve

Rue d Italie 11, 1204 Genève,

Switzerland